HomeMy WebLinkAboutR44-Economic Development
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
ORIGINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Rosenow Spevacek Group, Inc. - Professional
Services Agreement to assist with the 5- Year
Implementation Plan and 10-Year Housing
Compliance Plan
DATE:
April 14, 2009
Svnopsis of Previous Commission/CoupciVCommittee Action(s):
On April 9, 2009, Redevelopment Committee Members Johnson, Baxter and Brinker unanimously voted to recommend that the
Mayor and Common Council and/or the Community Development Commission consider this action for approval.
Recommended Motion(s):
(Community Develooment Commission)
A: Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute a Professional Services Agreement by and between the Agency and Rosenow Spevacek
Group, Inc., for the preparation of the 2009-2014 5- Year Implementation Plan and the 2009-2019 10- Year
Housing Compliance Plan as required by the California Community Redevelopment Law (Excluding Uptown
Redevelopment Project Area)
B: Resolution of the Community Development Commission of the City of San Bernardino approving and
authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute a Professional Services Agreement by and between the Agency and Rosenow Spevacek
Group, Inc., for the preparation of the 2009-2014 5-Year Implementation Plan and the 2009-2019 10-Year
Housing Compliance Plan as required by the California Community Redevelopment Law (Uptown
__._.__~_e<:l.e-,,_~lgpI!'.elltl'~ol,-c_~.~~,-~L.........m__.._.__._.......................mm..__.__.__._.._.._.._...._.........._........m_..__.__.__.__.._.._.._.
All
Ward(s):
(909) 663-1044
All
Contact Person(s):
Project Area(s):
Supporting Data Attached:
Kathleen Robles
Phone:
iii Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
75,920
Source:
Tax Increment Revenue
Budget Authority:
Fiscal Year 2008-2009 Budget
Signature:
~--Yk
Fiscal Review: . /)~~ 0 a.c ''- ,.~. / ~ i(
Barbara Lindseth, Administrative Services Director
Emil A. Marzullo, Interim Executive Director
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P:\Agendas\Comm Dev Commission\CDC 20Q9\04-20-09 RSG - Professional Services Agreement on 5-10 Year Plan SR_doc COMMISSION MEETING AGENDA
Meeting Date: 04/2012009
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
ROSENOW SPEV ACEK GROUP, INC. - PROFESSIONAL SERVICES AGREEMENT
TO ASSIST WITH THE 5-YEAR IMPLEMENTATION PLAN
AND 10- YEAR HOUSING COMPLIANCE PLAN
BACKGROUND:
Section 33490(a)(l)(A) of the California Community Redevelopment Law, Health and Safety Code
33000, et seq. ("CRL"), requires all redevelopment agencies to adopt a 5-Year Implementation Plan
and IO-Year Housing Compliance Plan. In 1994, 1999 and 2004, respectively, the Redevelopment
Agency of the City of San Bernardino ("Agency") adopted its first, second, and third 5- Year
Implementation Plan and 10- Year Housing Compliance Plan.
The Implementation Plan will contain the specific goals and objectives of the Agency for each project
area, specific programs to include potential projects and estimated expenditures proposed to be made
during the next five years, and an explanation of how the goals and objectives, programs, and
expenditures will eliminate blight within the project areas. The Agency's last 5-Year Implementation
Plan covered the period from 2004-2005 through 2008-2009 and will expire in December 2009.
The 10-Year Housing Compliance Plan will identify the Agency's housing responsibilities, the Low
and Moderate Income Housing Fund, and redevelopment project area housing over a 10-year period.
The Agency's last IO-Year Housing Compliance Plan covered the period from 2004-2005 through
2013-2014.
Additionally, on November 7, 2005, the Community Development Commission of the City of San
Bernardino ("Commission") adopted Resolution No. CDC/2005-38, accepting the Inland Valley
Development Agency's ("IVDA") Inclusionary Housing Policy entitling the Agency to receive one
hundred percent (100%) of the inclusionary/replacement housing credits for any developed or newly
rehabilitated housing units within the IVDA Redevelopment Project Area within its territorial
jurisdiction. As a result, IVDA's housing requirements will be covered in the Agency's 10-Year
Housing Compliance Plan.
Both the Implementation Plan and the Housing Compliance Plan will address the Agency's 14
Redevelopment Project Areas, the City's portion of the IVDA's low-mod housing requirements, and
both Plans will be adopted after a Public Hearing.
CURRENT ISSUE:
The Agency's current Implementation Plan will expire in 2009 and its 10-Year Housing Compliance
Plan will expire in 2014. The Agency needs to proceed with the preparation of these two Plans so
there is no break in the redevelopment implementation process. Plan adoption is expected to take
place at a Public Hearing at the Council meeting of November 2, 2009.
P:\Agendas\Comm Dev Commission\CDC 2009\04-20-09 RSG- Professional Services Agreement on 5-]0 Year Plan SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 04120/2009
Agenda Item Number: .J.~
Economic Development Agency Staff Report
RSG - Professional Services Agreement on 5 & 10- Year Plan
Page 2
The new Implementation Pan will cover the period from 2009-2010 through 2013-2014 and the new
10-Year Housing Compliance Plan will cover the period from 2009-2010 through 2018-2019.
Having released the Request for Proposal ("RFP"), four (4) firms responded (see Exhibit "A"). After
reviewing the submitted proposals and interviewing all four (4) firms, the Rosenow Spevacek Group,
Inc., was recommended as the most qualified and responsive firm to perform the tasks as set forth in
the RFP. None of the four (4) responding firms has a local office within the City. The selection
committee was the same for both the initial review of the proposals and the interviews and was
comprised ofrepresentatives from the Agency.
ENVIRONMENTAL IMP ACT:
These Plans are exempt under Section 15262 Feasibility and Planning Studies of the California
Environmental Quality Act guidelines.
FISCAL IMP ACT:
Approval of this recommendation will cost the Agency approximately $75,920 for consultant costs.
There will be no cost to the City's General Fund.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. Marzullo, Interim Executive Director
P:\Agendas\Comm Dev CommissionlCDC 2009\04-20-09 RSG - Professional Services Agreement on 5-]0 Year Plan SRdoc COMMISSION MEETING AG ENDA
Meeting Date: 04/20/2009
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(C(Q)[PY
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., FOR THE
PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN
AND THE 2009-2019 10-YEAR HOUSING COMPLIANCE PLAN AS
REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (EXCLUDING UPTOWN REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
10 public body, corporate and politic existing under the laws of the State of California, California
11 Community Redevelopment Law, Health and Safety Code 33000, et seq. ("CRL"), and is charged
12 with the mission of redeveloping blighted and underutilized land; and
13
WHEREAS, CRL Section 33490(a)(l)(A) requires all redevelopment agencies to adopt a 5-
14 Year Implementation Plan and a 10-Year Housing Compliance Plan; and
15
WHEREAS, in 1994, 1999, and 2004, respectively, the Agency adopted its first, second, and
16 third 5-Year Implementation Plan and lO-Year Housing Compliance Plan; and
WHEREAS, the Agency's last 5-Year Implementation Plan and 10-Year Housing
17
18 Compliance Plan covered the period from 2004-2005 to 2008-2009 and 2004-2005 to 2013-2014,
19 respectively, and both will expire in December 2009; and
20
WHEREAS, on November 7, 2005, the Community Development Commission of the City
21 of San Bernardino ("Commission") adopted Resolution No. CDC/2005-38 accepting the Inland
22 Valley Development Agency's ("IVDA") Inclusionary Housing Policy entitling the Agency to
23 receive one hundred percent (100%) of the inclusionary/replacement housing credits for any
24 developed or newly rehabilitated housing units within the IVDA Redevelopment Project Area
25 within its territorial jurisdiction; and
26
WHEREAS, as a result of Resolution No. CDC/2005-38, IVDA's housing requirements will
27 be covered in the Agency's IO-Year Housing Compliance Plan; and
28
1
P\Agemlas\Resolutions\Resolutions\2009\04-Zo.09 RSG. Professional Servi~s Agreement CDC Reso (bel Uptown) doc
1 WHEREAS, both the 5-Year Implementation Plan and the 10-Year Housing Compliance
2 Plan will address the Agency's State College, Central City East, Central City North, Central City
3 West, Central City South, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt.
4 Vernon Corridor, Meadowbrook, 40th Street, IVDA (housing only), and Central City Projects
5 Redevelopment Project Areas ("Project Areas"); and
6 WHEREAS, the 5-Year Implementation Plan will contain the specific goals and objectives
7 of the Agency for its Project Areas along with specific programs to include potential projects and
8 estimated expenditures proposed to be made during the next five years, and an explanation of how
9 the goals and objectives, programs, and expenditures will eliminate blight within the Project Areas;
10 WHEREAS the 10-Year Housing Compliance Plan will identify the Agency's housing
11 responsibilities and the use of the Low and Moderate Income Housing Fund in furtherance of
12 Project Area housing and community-wide housing requirements; and
13 WHEREAS, on April 9, 2009, the Redevelopment Committee recommended to the
14 Commission approval of a professional services agreement ("Agreement") by and between the
15 Agency and Rosenow Spevacek Group, Inc. ("Consultant"), to prepare the required 5- Year
16 Implementation Plan and the IO-Year Housing Compliance Plan; and
17 WHEREAS, the Redevelopment Committee recommended that the Commission approve
18 this Agreement and authorize the Interim Executive Director to execute said Agreement.
19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
20 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
21
Section 1.
The Commission hereby approves the Agreement, exclusive of its
22 applicability to the Uptown Redevelopment Project Area, and hereby authorizes the Interim Execute
23 Director of the Agency to execute the Agreement with Consultant on behalf of the Agency, together
24 with any technical and conforming changes as may be recommended by the Interim Executive
25 Director of the Agency and approved by the Agency Counsel.
26
Section 2.
This Resolution shall take effect from and after its date of adoption by this
27 Commission.
28 / / /
2
P:\Agcnda,\Rcsolulion.\Rcsolulions\2009\04-20-09 RSG _ ProfC1;sional Services Agreement CDC Reso (Exd Uplo"'n}.(ku;
1
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5
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7
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND ROSENOW SPEVACEK GROUP, INC., FOR THE
PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN
AND THE 2009-2019 10-YEAR HOUSING COMPLIANCE PLAN AS
REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (EXCLUDING UPTOWN REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a
9 thereof, held on the day of
10 Commission Members: Ayes
11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
18
19
20
meeting
,2009, by the following vote to wit:
Nays
Abstain
Absent
Secretary
day of
,2009.
The foregoing Resolution is hereby approved this
21
22
23
24
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
:: By 'v:.~r
28
3
P\Agendas\Resolutions'..Resolutions'2009",04-20-09 RSG - Professional Ser.ices Agreement CDC Reso (bel L:ptown) doc
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., FOR THE
PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN
AND THE 2009-2019 10-YEAR HOUSING COMPLIANCE PLAN AS
REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (UPTOWN REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
10 public body, corporate and politic existing under the laws of the State of California, California
11 Community Redevelopment Law, Health and Safety Code 33000, et seq. ("CRL"), and is charged
12 with the mission ofredeveloping blighted and underutilized land; and
13
WHEREAS, CRL Section 33490(a)(I)(A) requires all redevelopment agencies to adopt a 5-
14 Year Implementation Plan and a 10- Year Housing Compliance Plan; and
15
WHEREAS, in 1994, 1999, and 2004, respectively, the Agency adopted its first, second, and
16 third 5-Year Implementation Plan and 10-Year Housing Compliance Plan; and
WHEREAS, the Agency's last 5-Year Implementation Plan and IO-Year Housing
17
18 Compliance Plan covered the period from 2004-2005 to 2008-2009 and 2004-2005 to 2013-2014,
19 respectively, and both will expire in December 2009; and
20
WHEREAS, on November 7, 2005, the Community Development Commission of the City
21 of San Bernardino ("Commission") adopted Resolution No. CDC/2005-38 accepting the Inland
22 Valley Development Agency's ("IVDA") Inclusionary Housing Policy entitling the Agency to
23 receive one hundred percent (100%) of the inclusionary/replacement housing credits for any
24 developed or newly rehabilitated housing units within the IVDA Redevelopment Project Area
25 within its territorial jurisdiction; and
26
WHEREAS, as a result of Resolution No. CDC/2005-38, IVDA's housing requirements will
27 be covered in the Agency's 10-Year Housing Compliance Plan; and
28
I
PlAgendas\Rcsolutions\R.esolutionsl1009\04-20-09 RSG - Professional Services Agreement CDC Reso (Uptown)d<x
1 WHEREAS, both the 5-Year Implementation Plan and the IO-Year Housing Compliance
2 Plan will address the Agency's State College, Central City East, Central City North, Central City
3 West, Central City South, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt.
4 Vernon Corridor, Meadowbrook, 40th Street, IVDA (housing only), and Central City Projects
5 Redevelopment Project Areas ("Project Areas"); and
6 WHEREAS, the 5-Year Implementation Plan will contain the specific goals and objectives
7 of the Agency for its Project Areas along with specific programs to include potential projects and
8 estimated expenditures proposed to be made during the next five years, and an explanation of how
9 the goals and objectives, programs, and expenditures will eliminate blight within the Project Areas;
10 WHEREAS the 10-Year Housing Compliance Plan will identify the Agency's housing
11 responsibilities and the use of the Low and Moderate Income Housing Fund in furtherance of
12 Project Area housing and community-wide housing requirements; and
13 WHEREAS, on April 9, 2009, the Redevelopment Committee recommended to the
14 Commission approval of a professional services agreement ("Agreement") by and between the
15 Agency and Rosenow Spevacek Group, Inc. ("Consultant"), to prepare the required 5-Year
16 Implementation Plan and the 10-Year Housing Compliance Plan; and
17 WHEREAS, the Redevelopment Committee recommended that the Commission approve
18 this Agreement and authorize the Interim Executive Director to execute said Agreement.
19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
20 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
21
Section 1.
The Commission hereby approves the Agreement, solely with respect to the
22 Uptown Redevelopment Project Area, and hereby authorizes the Interim Execute Director of the
23 Agency to execute the Agreement with Consultant on behalf of the Agency, together with any
24 technical and conforming changes as may be recommended by the Interim Executive Director of the
25 Agency and approved by the Agency Counsel.
26
Section 2.
This Resolution shall take effect from and after its date of adoption by this
27 Commission.
28 II /
2
P;\Agendas\Rcsolutions\Resoll.tions\2009\04-20-09 RSG - Professional Services Agreement CDC Rcso (Uptown),doc
1
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., FOR THE
PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN
AND THE 2009-2019 10-YEAR HOUSING COMPLIANCE PLAN AS
REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT
LAW (UPTOWN REDEVELOPMENT PROJECT AREA)
2
3
4
5
6
7
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8
Development Commission of the City of San Bernardino at a
meeting
9 thereof, held on the day of
10 Commission Members: Aves
11 ESTRADA
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17 MC CAMMACK
,2009, by the following vote to wit:
Abstain
Absent
Navs
18
19
20
Secretary
The foregoing Resolution is hereby approved this
21
22
23
24
day of
,2009.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
\ /~
27 By: /~/ .
Agency &(uns
26
28
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P\Ageodas\Resolutions\Rcsolutions\2009\04-20-09 RSG - Professional Services Agreement CDC ResQ (Uptown),doc
REDEVELOPME:'IiT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and
entered into as of April 20, 2009, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO ("Agency"), a public body, corporate and politic, and Rosenow
Spevacck Group, Inc., ("ConsultanC).
NOW. THEREFORE. IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION. THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED. THE
PARTIES HERETO AGREE AS FOLLOWS:
I. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall
be responsible for the direction of any work to be performed by the Consultant and any
other consultants or subeonsultants to the Agency under this Agreement. The Consultant
shall not undertake any work under the terms of this Agreement. unless instructed to do
so by one of the designated staff members. No other staff member is authorized by the
Agency to request services from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on thc date first
appearing in this Agreement and will terminate upon the completion of the services
described in the Scope of Services as referenced in Section 3. unless earlier terminated as
provided in this Agreement. The Agency reserves the right through the actions of the
Interim Executive Director to terminate this Agreement at anytime either with or without
cause and at the sole convenience of the Agency upon delivery of notice of termination to
the Consultant; provided. however. that upon the effective date of any such termination,
the Agency shall be responsible to pay and/or rcimburse the Consultant for all services,
materials and supplies as may have been furnished to the Agency in accordance with the
Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. Thc Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached
hereto as Exhibit "B" and incorporated herein by this reference. The Consultant hereby
agrees to perform the work set forth in the Scope of Services, in accordance with the
terms of this Agreement. The Consultant shall perform the scrvices as set forth on said
Scope of Services within the time periods to be identified by the appropriate Agency
representative.
1
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to
exceed $75,920.00 for completion of the services described in the Scope of
Services set forth in Exhibit "8."
B. The compensation designated in subsection 4.A. shall be the Total Fee for the
performance of the work and the dclivery of the final work product materials, as
set forth in the Scope of Services. The Total Fcc shall include. but not be limited
to. the salaries of all subcontractors retained by the Consultant and all employees
of the Consultant to perform work pursuant to this Agreement and shall be
inclusive of all costs and expenses incurred for mileage, traveL graphics,
telephone, printing. fax transmission, postage, copies and such other expenses
related to completion of the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant
under this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Kathleen Robles, Project Manager
20 I North "E" Street. Suite 30 I
San Bernardino. California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the
Consultant incurred in performance of the Scope of Services, during the period of
time for which the invoice is issued. Each invoice of the Consultant shall clearly
set forth the names of the individual personnel of the Consultant and any
individual subeonsultants utilized by the Consultant, during the time period
covered by the invoice, a description of the professional services rendered on a
daily basis by each named individual during such time period, the respective
hourly rates of each named individual and the actual time expended by each
named individual. Each invoice of the Consultant shall be accompanied by copies
of all third party invoices for other direct costs incurred and paid by the
Consultant during such time period. The Agency shall pay all amounts set forth
on the invoices of the Consultant and approved by the authorized Agency Staff
personnel who requested the services, within thirty (30) days after such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be
retained by the Consultant and available to the Agency for examination and for purposes
of performing an audit for a period of five (5) years from the date of expiration or
termination of this Agreement or for a longer period, as required by law. Such records
shall be available to the Agency and to appropriate county, state or federal agencies and
officials for inspection during the regular business hours of the Consultant. If the
2
Consultant does not maintain regular business hours. then such records shall be available
for inspection between the hours of 9 a.m. and 5 p.m. Monday through Friday. excluding
federal and state government holidays. In the event of litigation or an audit relating to this
Agreement or nmds paid to the Consultant by the Agency under this Agreement, such
records shall bc retained by the Consultant until all such litigation or audit has been
resolvcd.
6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the
Agency, its officers. employees, represcntatives. and agents from and against any and all
actions. suits. proceedings, claims, demands. losses. costs and expenses, including legal
costs and attorneys fees. for injury or damage of any type claimed as a result of the
negligent acts or omissions of the Consultant, its officers, employees, subcontractors and
agents, to the extent arising from or relatcd to negligent performance by the Consultant of
thc work required under this Agreement.
7. INSURANCE. Thc Consultant shall maintain insurance, as set forth in Exhibit "C" to
this Agreement. throughout the tern1 of this Agreement. The Consultant shall remain
liable to the Agency pursuant to Section 6. above to the extent the Consultant is not
covered by applicable insurance for all losses and damages incurred by the Agency that
are caused directly or indirectly through the actions or inactions, willful misconduct or
negligence of the Consultant in the performance of the duties incurred by the Consultant
pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data. information. reports, drawings,
specifications, computations, notes. renderings, designs, inventions, photographs,
modifications, adoptions, utilizations, correspondence or other documents generated by
or on behalf of the Consultant for performance of the work (collectively, the "Work
Products") set forth in the Scope of Services shall upon payment for those services
embodying the particular element of the Work Products, become the sole property of the
Agency, and the Work Products shall thereafter be delivered to the Agency upon written
request from the Agency to the Consultant. The Consultant shall not make use of any
maps, photographs, data, information, reports, drawings.. specifications, computations,
notes, rendcrings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents and other materials whether for
marketing purposes or for use with other clients when such have become the property of
the Agency without thc prior cxprcss written consent of the Agency except to the extent
that such maps, photographs. data, information, reports, drawings, specifications,
computations, notes, rendcrings. designs, invcntions. photographs, modifications,
adoptions. utilizations, correspondence or othcr documcnts arc readily available to the
general public as public records pursuant to State law; provided, however, that the
Consultant may retain copies of any such itcms for thcir business records.
The Consultant shall cxecutc, acknowledge and perform any and all acts which shall
rcasonably be required in order for thc Agency to establish unequivocal owncrship of the
maps, photographs, data, information, reports, drawings, specifications, computations,
3
notes. renderings. designs. inventions. photographs. modifications. adoptions.
utilizations. correspondence or other documents and record, register and procure an
issuance in or to the Agency's rights, title and/or interest. Any reuse without written
verification or adaptation by the Consultant for the specific purpose intended will be at
the Agency's sole risk and without liability or legal exposure to the Consultant.
9. PRESS RELEASES. Press or news rcleases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior
written consent of the Agency.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall
keep confidential all reports, survey notes and observations. information, and data
acquired or generated in performance of the work set forth in the Scope of Services,
which the Agency designates confidential. None of such designated confidential
materials or information may be made available to any person or entity, public or private,
without the prior written consent of the Agency.
II. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement;
provided, however, that if the party who is otherwise claimed to be in default by
the other party commences to cure, correct or remedy the alleged default within
seven (7) calendar days after receipt of written notice specifying such default and
shall diligently complete such cure, correction or remedy, such party shall not be
deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right to exercise any
remedy for a default hereunder without delivering the written default notice, as
specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement. the rights and remedies of the parties
under this Agreement are cumulative and the exercise by any party of one or more
. of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other
default by the other party.
D. In the event that a default of any party to this Agreement may remain uncured for
more than seven (7) calendar days following written notice, as provided above, a
4
"breach" shall be deemed to have oeeurred. In the event of a breach, thc injurcd
party shall be entitled to seek any appropriate rcmcdy or damages by initiating
legal proceedings.
12. TERMINATION.
A. This Agreemcnt may be terminated by either party for any reason by giving the
other party fifteen ( IS) calendar days' prior written notice. The Agcncy shall pay
the Consultant for all work authorizcd by the Agency and completed, prior to the
effective tcrmination date.
B. In thc cvcnt of a tcrmination of this Agreement under this Section 12, the
Consultant shall provide all documcnts, notes, maps, reports, data or other work
product developed in performance of thc Scopc of Scrviccs of this Agreement to
the Agency, within ten (10) calcndar days after such termination and without
additional charge to the Agency.
13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in
person or by certificd or rcgistered United States Mail, return receipt rcquested, postage
prepaid or by overnight delivcry by a nationally recognized delivery service to the
addresses set forth below. Notice presented by United States Mail shall be deemed
effective on thc third business day following the deposit of such Notice with the United
States Postal Service. This Section 13 shall not prevent the parties hereto from giving
notice by personal scrvicc or telephonically verified fax transmission, which shall be
dccmed cffective upon actual receipt of such pcrsonal scrvice or tclcphonic verification.
Either party may changc their address for receipt of written notice by notifying the other
party in writing of a ncw address for delivering notice to such party.
CONSULT A..c"l/T: Roscnow Spevacek Group, Inc
309 West 41h Street
Santa Ana, CA 92701-4502
Attn: Felise Acosta
AGENCY:
Redevelopment Agency ofthc City of San Bernardino
Attention: Emil Marzullo, Interim Executive Director
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state and
federal laws, including, but not limited to, cnvironmental acts, rules and regulations
applicable to the work to be performed by thc Consultant under this Agreement. The
Consultant shall maintain all nccessary licenses, including a City of San Bernardino
Business License, and registrations for the lawful performance of the work required of
the Consultant under this Agreement.
5
15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on
the basis of racc. color. creed. rcligion. natural origin, ancestry, sex, marital status or
physical handicap in thc performance of the Scopc of Services of this Agreement.
Without limitation. the Consultant hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color, religion, sex, marital
status of national origin. Further, the Consultant shall promote affirmative action in its
hiring practices and employee policics for minorities and other designated classes in
accordance with fcderaL state and local laws. Such action shall include. but not be
Iimitcd to, the following: rccruitment and recruitment advertising, employment,
upgrading and promotion. In addition, the Consultant shall not exclude from
participation under this Agreement any employee or applicant for employment on the
basis of age. handicap or religion in compliance with State and Federal laws.
16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during thc performance of any work
described in the Scope of Services be decmed to be an independent contractor. Neither
the Consultant nor any of its subcontractors shall at any time or in any manner represent
that it or any of its employces are employees of the Agency or any member agency of the
Agency. The Agency shall not be requested or ordered to assume any liability or expense
for the direct payment of any salary, wage or benefit to any person employed by the
Consultant or its subcontractors to perform any item of work described in the Scope of
Services. The Consultant is entirely responsible for the immediate payment of all
subcontractor liens.
17. SEVERABILITY. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof to ccrtain circumstances shall be declared invalid or
unenforceable, the remainder of this Agreement, or the application of such term or
provision to circumstances other than those. to which it is declared invalid or
unenforceable, shall not be affccted thereby, and each term and provision of this
Agreement shall be valid and enforceable to thc fullest extent permitted by law.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements
between the parties concerning the subject matters covered herein. The parties intend this
Agreement to be the final expression of their agreement with respcct to the subjects
covered herein and a complete and exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or
amended by written instrument duly approved and executed by each of the parties hereto.
Any such modification or amendment shall bc valid, binding and legally enforceable only
if in written form and executed by each of the parties hereto, following all necessary
approvals and authorizations for such execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in
the Superior Court of the State of California in and for the County of San Bernardino.
6
21. NON-WAIVER. Failure of either party to enforce any provision of this Agreemcnt shall
not constitutc a waiver of the right to compel enforcement of the same provision or any
rcmaining provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by thc Consultant without the
prior written consent of thc Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they are duly authorized to execute this Agreement
on behalf of and bind the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or
morc counterparts. each of which will constitute an originaL
25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall
not be binding on the Agency until signed by an authorized representative of the
Consultant. approved by the Agency and executed by the Interim Exccutivc Dircctor or
his designee.
26. CONFLICTS OF INTEREST. The Consultant hercby reprcsents that it has no interests
adverse to the Agcncy or the City at the time of cxccution of this Agreement. The
Consultant hereby agrees that. during the term of this Agreement. the Consultant shall not
cnter into any agreemcnt or acquire any interests dctrimcntal or adverse to the Agency or
the City. Additionally. the Consultant hereby represents and warrants to the Agency that
the Consultant and any partnerships, individual pcrsons or any other party or parties
comprising the Consultant, together with each subcontractor who may hereafter be
dcsignated to perform services pursuant to this Agreement. do not have and, dilring the
tcrm of this Agreement, shall not acquire any property ownership interest, business
intcrcsts. professional employment relationships, contractual relationships of any nature
or any other financial arrangements relating to thc Agency. property over which the
Agency has jurisdiction or any members or staff of the Agency that have not been
previously diselosed in writing to the Agency, and that any such property ownership
interests, business interests, professional employment relationships, contractual
relationships or any nature or any other financial arrangements will not adversely affect
thc ability of thc Consultant to perform thc scrviccs to thc Agcncy as sct forth in this
Agreement.
27. NON-EXCLUSIVITY. This Agreement shall not crcatc an exelusivc relationship
between the Agency and the Consultant for the services set forth in Exhibit "8" or any
similar or related services. The Agency may, during the term of this Agreement, contract
with other consultants for the performance of the same, similar or related services as
those that may be performed by the Consultant under this Agreement. The Agency
reserves the discretion and the right to determine the amount of services to be performed
by the Consultant for the Agency under this Agreement, ineluding not requesting any
services at all. This Agreement only sets forth the terms upon which any such services
7
will be provided to the Agency by the Consultant. if such services are requested by the
Agency. as set forth in this Agreement..
2S. CONSEOUENTIAL DAMAGES AND LIMITATION OF LIABILITY. The Agency
and Consultant agree that except as otherwise provided in this Section 28. in no event
will either be liable to the other under this Agreement for any damages including but not
limited to. special damages. loss of revenue. loss of profit. operating costs or business
interruption losses. regardless of cause. including breach of contract. negligence. strict
liability or otherwise. The limitations and exclusions of liability set forth in this Section
28 shall apply regardless of fault. breach of contract. tort. strict liability or otherwise of
the Consultant and the Agency. their employees or subconsultants.
IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed as
of the date indicated next to the authorized signatures of the officers of each of them as appear
bclow.
AGE]\;CY
Dated:
Redevelopment Agency of the City of San
Bernardino. a public body. corporate and politic
By:
Emil Marzullo. Interim Executive Director
Agency Counsel
CONSULT ANT
7~/i1-2,c~[1
Dated:~) ..::' > L-'(/ (
Rosenow Spevaeek Group. Inc.
309 West 4'" Street
Santa Ana. CA 92701-4502
~/. // Ab-
By:~ /)';{-2I ( /(/? ;;/{5 /1./
Name:
Felise Acosta
Title:
Princioal
8
Agenev Staff:
EXHIBIT "A"
SUPERVISORY ST AFF PERSO!,;~EL
Emil Marzullo. Interim Executive Director
Don Gee. Deputy Director
Kathleen Robles. Project Manager
9
EXHIBIT "B"
SCOPE OF SERVICES AND COSTS
APPROACH
The City of San Bemardino Economic Development Agency (the "Agency") which operates
as the City of San Bernardino's Redevelopment Agency is seeking consultant services to
assist in the preparation of the Agency's five-year implementation and ten-year housing
compliance plan. The plan will cover fiscal years 2009-10 through 2014-15 ("2009 Five-
Year Plan"). This is the Agency's fourth implementation plan prepared since the enactment
of Assembly Bill 1290 which amended the Califomia Community Redevelopment Law
("CRL") by adding Section 33490. The 2009 Five-Year Plan will contain two separate
components: non-housing or redevelopment component and a housing component, which
will serve as the Agency's Ten-Year (2009-10 through 2019-20) affordable housing
compliance plan ("Housing Component").
FIVE-YEAR STRATEGY
The 2009 Five-Year Plan preparation comes at a time of economic strife. The Agency is
challenged by the fact that a number of their redevelopment plans arc reaching their term
and/or financial limit. Further, there continues to be areas within the City of San Bernardino
("City") which exhibit blight that are not currently in a redevelopment project area. These
issues require review and a determination as to what course of action the Agency should
embark upon to continue redevelopment efforts and address the City's economic problems
proaetively. Therefore, RSG suggest that the Agency take the opportunity of the 2009 Five-
Year Plan process to create a viable working strategy that can guide the Agency in
addressing not only continuing redevelopment implementation but also provide direction for
the actions necessary to retain existing Project Areas and address other blighted areas within
the City. The Strategy would include setting out the Agency's Vision, Mission as well as
Core Purposes and Values in its efforts to improve the Project Areas. Further, the Strategy
will transform the Housing Component to a working Housing Strategy that will identify all
funding sources and provide an annual work program as a guideline to achieving the five and
ten year housing goals of the City and Agency.
10
SCOPE OF SERVICES
The Agency has adopted a total offourteen (14) Redevelopment Project Areas. Four of these
Project Areas were merged to create the Central City Merged Project Area, as described
below. Currently, existing Project Areas encompass an estimated 8.497 acres of the City's
incorporated territory.
The Agency's Project Areas were adopted over the last 42 years beginning with the creation
of the Agency and adoption of the Meadowbrook Project Area in 1958. The Agency's
redevelopment project areas inelude:
.
The Central City Project Area consists of four merged project areas: the
Meadowbrook Project Area (adopted July 21, 1958), the Central City East Project
Area (adopted May 3. 1976), the Central City South Project Area (adopted May 3,
1976) and the Central City Project No. I (adopted February 23, 1965). The merging
of these Project Areas was completed in 1983.
.
The State College Redevelopment Project Area, adopted on April 27, 1970.
.
The Central City North Project Area. adopted on August 6, 1973.
.
The Southeast Industrial Park Project. adopted on June 21, 1976.
.
The Central City West Redevelopment Project Area, adopted on February 17, 1976.
The Northwest Redevelopment Project Area, adopted July 6. 1982.
.
.
The Tri-City Redevelopment Project Area, adopted on June 20, 1983.
.
The South Valle Redevelopment Project Area, adopted on July 9, 1984.
.
The Uptown Redevelopment Project Area, adopted on June 18, 1986.
.
The Mt. Vernon Corridor Redevelopment Project Area, adopted on June 25,1990.
.
40th Street Redevelopment Project Area. adopted on June 19,2000.
The largest city within the county, San Bernardino has an estimated population of 194,643
and has served as the primary urban center for the Inland Empire for over a century. The
Agency's redevelopment efforts have been the main stay of its City's economic development
and housing efforts. Therefore, preparation of the proposed 2009 Five-Year Plan and
Housing Component is of extreme importance in guiding the Agency and City during the
next five and ten year period, especially in these economically challenging times.
11
RSG understands the importance of these documents as guiding tools and is prepared to work
with staff and the Agency to ensure that finalize documents arc of value and will assist the
Agency in their efforts to improve the City and lives of the City's residents.
REQUIREMENTS
Section 33490 of the CRL requires that each redevelopment agency, adopt a five-year
implementation plan, after a public hearing, that contains the specific goals and objectives of
the agency for its redevclopment project area(s). A five-year implementation plan must
identify the specific programs/projects and expenditures proposed to be made during the five
(5) year term of the plan; provide an explanation of how the goals and objectives, programs,
and expenditures will eliminate hlight within the agency's project area(s); and implement the
housing requirements contained in the CRL. Pursuant to Section 33490. implementation
plans with housing components. must be adopted every five (5) years.
The following scope of services outlines the steps and analysis required to prepare the
Agency's 2009 Five-Year Plan covering all of the Agency's redevelopment project areas.
Each Project Area will be address in its own section of the Plan and will contain all the
information required by Section 33490 of CRL. The 2009 Five-Year Plan document will
incorporate a separate 2009-10 through 2019-20 Housing Component that will contain all
housing information require by the CRL and also cover the City of San Bernardino's territory
that is incorporated into the Inland Valley Redevelopment Project Area ("IVDA").
Detailed clements of the 2009 Five-Year Plan will include: specific goals, objectives,
projects and programs for each Project Area including estimated expenditures for each over
the five-year term. Additionally, an overview or matrix will be included that links and
explains how the goals, objectives, projects, programs and expenditures will eliminate blight
within the Project Areas. The 2009 Five-Year Plan and Housing Component will provide an
explanation of how the goals, objectives, projects, programs and expenditures will implement
the low and moderate income housing set-aside and housing production requirements set
forth in Sections 33334.2, 33334.4, 33334.6 and 33413 of the CRL for the next five- and ten-
year periods. The 2009 Five-Year Plan and Housing Component will provide details of the
number of housing units to be rehabilitated, price-restricted, assisted or destroyed, amounts
of estimated Housing Fund deposits, replacement housing information (if required) and a
description of housing fund targeting. I Additionally the Housing Component will address
the requirement to provide an accounting of the amounts of housing funds utilized to assist
affordable units by income category.
, Pursuant to Section 33334.4(a) of the CRL, Housing Fund expenditures over the period of the 2009 Five-Year Plan
must be expended for very low and low income persons at a minimum in the same proportion to the County's fair
share of the Regional Housing Need Assessment (RHNA) unit need for very low, low and moderate income units.
Pursuant to Section 33334.4(b) of the CRL, Housing Fund expenditures for senior housing over the period of the
2009 Five-Year Plan must be expended in proportion no greater than the community's population of low and
moderate income families to low and moderate income senior citizens.
12
DATA COLLECTIO'" - PROJECT SCOPING
The project tcam will hold a scoping meeting with Agency staff to discuss and refine the
scope and objectives of thc 2009 Fivc- Year Plan and Housing Component and the necessary
stcps needed to transform the documents into an overall Strategy for redevelopment and
housing activities.
Following a scoping meeting with staff, RSG would like to collect digital or hard copies of
the following inforn1ation and/or work with staff to secure or develop the information
necessary to complete this engagement (if not already retained in RSG's internal files):
I. Verify the Agency's Redevelopment Plan limits information, specifically including
eminent domain authority and time limits and any subsequent amendments to the
corresponding redevelopment plans.
"
Complete copies of the Agency's Annual Report to the Department of Housing and
Community Development since 2004-05.
3. Updated inventory of affordable housing projects SInce 04-05, including the
following:
a. common name and address of project,
b. year project was built, substantially rehabilitated, or price restricted,
c. total number of units by project, and numbcr of units by income category, and
d. number of units used to fulfill replacement obligations.
4. Current Agency Budget and Work Program.
5. Housing Fund expenditures for the prior five year period including project name,
number of units by affordability levels and term of affordability for each project.
6. City's most recent Housing Element and Citywide Regional Housing Needs
Assessment figures. (RSG is aware that the City is currently updated its Housing
Element. RSG will coordinate efforts and share data with the City's Housing
Element consultant.)
7, Projections of all new Project Area residential development and substantial
rehabilitation anticipated by year (RSG will provide worksheet to aid staff, and can
meet with Planning or Redevelopment staff to identify and complete the forecast).
13
8. Staffs list of known ongoing and/or proposed redevclopment and capital
improvement projects and programs. including the following (copies of pertinent staff
reports can work well. as well as summary reports. or we can develop this list at our
staff meetings):
a. name of Project/Program.
b. narrative description of Project/Program. including location. scale/size. and
any housing units by income/household ranges targeted. and
c. total Agency estimated expenditures for the five year period (2009-10 through
2013-14).
9. GIS files necessary to develop maps of the project areas for inclusion in the new
implementation plan (optional. but recommended and may already be collected
through our work on the Plan amendment)
10. Description and graphics (photographs or renderings) of projects completed since
2004-05 for possible inclusion in the new implementation plan and/or final Agency
presentation.
11. Identification of ongoing blighting conditions within the Project Areas and
identification of specific areas within the Project Areas that RSG should review in the
field.
12. IdentifY key issues. problems to be addressed in the transforming Implementation and
Housing Plan into the desired Strategy.
Additional information may be necessary as the work proceeds, as the level of detail and
quality of the data would need to be assessed upon receipt. RSG would work with
appropriate staff to ensure the data collected is accurate and complete. Following the kickoff
meeting. RSG will prepare and update as necessary a schedule for preparation,
committee/councils meeting. public review, and adoption of the 2009 Five-Year
Plan/Strategy per the proposed timeline accounting for public hearing noticing requirements
and Agency agenda submittal and review process.
MEET AND COLLABORATE WITH STAFF IN DEVELOPMENT OF MISSION,
VISION A:\'D CORE PURPOSE AND VALUES FOR STRATEGY
The Principal and Project Manager will meet with Staff to refine the Ageney's overall vision
for the Strategy by establishing an agreed upon Mission that is derived from the Core
Purpose and Values for the Agency's efforts over the next five and ten year period covering
both redevelopment and housing efforts.
14
IDE'\'TIFY POTEl'iTIAL l'iOl'i-HOUSING PROJECTS A"iD PROGRAMS
Based upon the results from the preceding planning activities, collected data and staff input,
RSG would identify anticipated non-housing redevelopment and capital projects, related
goals, objectives and blight to be addressed for each Project Area over the five-year planning
period. A matrix will be provided which will relate projects and programs with goals,
objectives and blight to be removed.
DEVELOP FIVE- A:'iD TEl'i- YEAR COST/REVENUE PROGRAM MODELS
As part of the Strategy and Implementation and Housing Plans, RSG will develop five-year
and ten-year (for the housing fund) cost revenue that identifies the Agency's projected cash
fund balance for July of 2009 and then details expected revenues, administrative, debt
services and programs and projects costs over the term of the 2009 Strategy that will serve as
the Five-Year Plan and Ten- Year Housing Component per the CRL requirements. As part of
this activity RSG will project expected tax increment revenues, pass-though payments,
housing set-aside funds and net revenue to the Redevelopment Fund over the 10 year period.
RSG will also assess the impact of tax increment cap limitations on Project Area revenues.
All other revenue sources available to assist the Agency in their implementation and housing
efforts will be identified.
IDEl'iTIFY POTENTIAL HOUSI"'G PROJECTS, PROGRA"'IS AND PRIORITIES
With input from staff, RSG will identify housing programs and projects and priorities for
inclusion in the Housing Strategy/Component. Included in this activity are the following
tasks:
.
Collecting data provided by Agency staff on affordable and market rate demolition,
replacement housing. general construction and substantial rehabilitation projects, both
those completed and anticipated over the life of the Redevelopment Plans for each
Project Area.
.
Analyzing the City's regional housing needs assessment and portion of senior
residents to determine appropriate levels of housing fund expenditures pursuant to
recent changes in the C RL.
Reviewing affordable housing goals, objectives, and programs contained in the City's
Housing Element.
.
.
Project revenues to fund affordable housing production for the ten-year planning
period.
.
Delineating implementation projects, programs and sites for housing development in
sufficient detail to measure performance.
.
Develop implementation strategy that creates work program for future years
activities.
15
Consistent with the requirements of the CRL the Housing Strategy/Component will contain
the following information (covering the Project Areas and the City of San Bernardino
jurisdictional area ofthc IVDA Project Area):
RECUIREMENTS
MAIIOATORY ELENEJlTS: HoUSING COMPLIANCE
STATUTE
~o.'. D'iG Mode,rote",'i,:ome ......,')J,Js..r.g Funa (Low-Moa ,~L1ndJ
:J Currert balal1ce and projected annual LO'N.~Aod Fund
de::csi:s
:J -ouslng Program:t..nmJB' estimates of new. rehabilitated, or
pricE' resmcted units 10 be assisted w,th Low-Mod Funds
::J'-ouslng Program: t..nnua estimates of Low-Mod Fund
e:>:j)ePCI:ures
:J :)escript or 0" now Hcusin.;! Program wi I expend Low-Moo
=ur,cs to r-Iee: feg_or.al hOliS lig nee<:! allocat.ons OJ'
hO'Jseho: topes. :'.e,y 'ow Income, low -ncome. low pcon'e
under -3: yrs 0 C ;:: r::;:: 0" onate t: ccrnn'l,;ri:y need.
.~O~$'{1g prX:rJC~.'O{1 : :;:33-: 1 .l{b:':
::J
Estimates o~ r'ew. Si..ms.:ant 01 y rehab,litated or price
restricted Jr:i:s to be de~'elc~c or purchased.
=sti....Hltes c~ ~rcdl.ict or re~lJireMents for very low, '0'''', ::md
Moderate Incorre -Jrjrts.
',L.r1;;er c~ veri~"", low arj rnoder:re ncome lJrl:s ,hat
ha'~'e been de'.'eioped and n'eet me productlof' requirements
=stimates c~ all ur,its tha: wi'! t;.e deveioped by the agency.
l;1cluolng very ow, 10'0\'_ arj moderate rcorre units
::J
::J
::J
,C(eg,'Of'li),' H-;!1S::;g NeeDs A,'IOCa~iO(l a~.HNA:
:J ~Htj,:" :a"ge: Jri~$ arc proposec LO'o\'.Mod .und e(pendrtures
for '.iery 10'0\'. iow. and n'ooeratencome persons
:J -ot;:;1 cOr1n1Liri:-y' popu atlon. low income popu ation.
po:)uia:lor unde~ 65 yrs old, and 0"" income ::lopulat on under
65yrs 01:::1
:J :)eta ;ed OrogrlJM arj sctledule to expend Low-Mod Funds 10
Meet tt',e con'mun ty' 50 oroportionate houSing
needs.:re-cuiremerts.
'O.....::,r Five '(eari-i',:)i.'sing .4.ct,v.::es
:J
':''l10Uf'ts of Low-Moo Furds used to 3ssist edreme;y ow.
'o'ery low ar'o low ncoOle un-ts.
~'.ul1lber ocarlon and ,evei of affordabi It'f of newly
constructec un ts 'Nth other oca Iy controiled go'~emmeflt
assistance ':00 rece'~e:o:Jment agency assistance:1 that are
reQUired to be aFordab:e to, and occl..;pied by. iow. './erjlo'o\'
or extremely :ow income persons for 55 years (rental:' or 45
years (for-sale:.
r,uMcer.:;)carion e'.'e of affordatllit>i. and amoum Of Lo"..-
Mod :::'unds used to ass stJrits ava lab e to fami les .,.i~h
children.
,~e;Jlucemenr Ho~sing
:J Proposed loca: ors suitable for re:) acemert housing.
.~o~Si(lg COfJ1p,','<Jnce withi:; $,';.. "rears or Less
::I jra ::.lro.ec! area is '~trl'" $1:( years of tsnme .imtor pan
effectiveness address the agency's abiity to compy wittl its
a....orda~ e housing reqJiren'erts.
:J
:J
16
TIMEFRAME
Annually for
: years
Annually for
~ years
.Annually for
~ years
,: years
Life of plan
ana 1 I) yearn
Life of plan
[JnD i I) years
CumrJ\3tive
: years
.ArJ'ual',"' for
:. years
MOSi recent
census
AJ'!f'ualy for
1: ~'ears
PriorF'.'e
year :Jeroo
Priorh'e
year :ler ad
Prior he
year ::lerod
: years
Six yea rs or
less
~33490(a;:2)(A
,lIIJ
~-33490(a)(2)(A
):111
~33400(aX2)(A
){iil
S33400(3k2)(A
)dii:o
~33490iaX2)(B
}ii:1
s3~90(a}:2)iB
:I{i:}
S33490(8,i{2)(B
)(iii)
33-190(aH2)(BI
(hI),
33400(aH2)(Bi
(..')
S3349:la:ll:::Jl:C
lIfl
s3349':(3)(2HC
i1,ii).
~33334.4ibl
s334'3Q(a)(2}(C
:Il:iii\
S3349CiaH2':iC
;u'Ii
S334901,a)\2)(C
)0'0'1
S3349:13)(2}iC
Hi'J)
~33490:-a)(3.t
333490-:3)(4)
Additionally the Housing Strategy/Component will also provide the following information:
. An outline of the Agency's housing requirements and obligations:
. An analysis of the City's housing needs to identify the type of housing to be
produced:
. Provide an affordability gap analysis to identify income and housing cost limits for
low to moderate income households:
. Provide an examination of the Agency's and all other funding resources that can be
devoted to affordable housing with an evaluation of how other revenue sources can
supplement these efforts:
. Recommend policies, goals and programs to implement a long-term housing strategy;
. Ensure that the public review process meets legal requirements;
. Analyze income and age targeting goals': and
. Provide required detail to make necessary findings that Agency's housing obligations
may be aggregated among all Project Areas.
DRAFT 2009 STRATEGY (5-YEAR PLA~/HOUSING COMPONE:\'T DOCUMENTS)
Draft 2009 Strategy which will serve as the Agency's Five-Year Implementation and
Housing Plan will be prepared in a plain and clear language format. It will include the
following additional elements beyond the CRL requirements:
. Edueationallnformation
o The role of redevelopment (e.g., history, purpose, benefits).
o How tax increment financing works and a discussion of the general strategies of
how to best utilize tax increment financing to achieve redevelopment of blighted
areas.
o A review of the general legal parameters that cover redevelopment agencies
activities with specific examples of limitations and proactive efforts agencies can
undertake to eliminate blight.
o A discussion of redevclopment's role in creating and preserving affordable
housing.
2 Pursuant to Section 33334.4(a) of the CRL, Housing Fund expenditures over the period of the 2009 Five-Year Plan
must be expended for very low and low income persons at a minimum in the same proportion to the County's fair
share of the Regional Housing Need Assessment (RHNA) unit need for very low, low and moderate income units.
Pursuant to Section 33334.4(b) of the CRL, Housing Fund expenditures for senior housing over the period of the
2009 Five-Year Plan must be expended in proportion no greater than the community's population of low and
moderate income families to low and moderate income senior citizens.
17
. Strategic Planning
o Detail the Agency's prior accomplishments and contributions to the community.
o Develop the overall Vision and Mission of the Agency for the next five year
period to guide the Agency's actions and activities. Established Core Purposes
and Values as part of the Strategy document.
o Develop mechanism to evaluate and report back to the community on the
Agency's efforts in meeting the Strategy's Goals over the Plan's five ycar term.
General Timing of Development of Strategy
.
By early August of 2009, RSG will circulate an administrative draft to Agency staff.
.
RSG would then either arrange to meet at staffs offices or arrange a conference call
to go over format, content, and the ensuing committee/council public meetings,
.
Staff comments to the document would be ineorporatcd into a draft and distributed to
staff for dissemination to the RDA Committee for a work session on the document.
.
Comments from the RDA Committee will be addressed and the Strategy revised
accordingly.
.
The draft Final Strategy will bc presented to the RDA Committee for their review and
approval.
.
A draft public hearing notice, staff report, and adoption resolution for consideration
by the Agency will be prepared for Agency staff and legal counsel review and
finalization.
.
RSG will attend the RDA Committee work session, approval meeting and the
Agency's Public Hearing and provide a presentation and/or answer questions
regarding the Strategy.
.
Agency staff will be responsible for posting (in four permanent places within each
project area), mailing (at least three weeks in advance to all pcrsons and agcncies that
have requested notice) and publishing the public hearing notice (once a week for 3
successive weeks for a 21 day period: starting 31 days prior to hearing date).
.
Revise Strategy/Implementation and Housing Plan will be finalized in response to
any Agency's changes made at Public Hearing.
.
RSG will provide the Strategy/Implementation and Housing Plan on a Compact Disk
in Microsoft Word Format and one original camera ready copy of document.
18
!\IEETI:\'G SU!\lMARY
The Principal and/or Project Manager for this engagement would attend the following
meetings. As necessary. support staff may also participate in such meetings.
Kickoff Meeting/ Staff Team Meeting............................... ...................4
RDA Committee Work Session ...... ... ...................... ....... ........ ... ......1
RDA Committee Approval Meeting... ........ ......... ... .... .......... ..... ...... I
Agency Public Hearing...............................................................l
TOTAL MEETINGS...... ........ ............. ....... ........... .... .......... .......8
SCHEDULE
Below. RSG has outlined a preliminary schedule of key tasks involved in the preparation of
the 2009 Five-Year Strategy/Implementation Plan and Housing Component. The actual
schedule is contingent upon several factors, such as agenda deadlines and review process,
public pat1ieipation levels, and the availability of critical data.
The Schedule allows for a review draft to be circulated in early August with a completed
revised plan back to the City in mid September. It is anticipated that an RDA Committee
work session would be held in September and would be presented for the Committee's
approval in October. Noticing for the public hearing would be done in October and the
adoption hearing held in November of 2009.
asks
ontract Approval & Executio n
coping and Data Collection
Refine Adoption Schedule
Daca Analysis
Delineate Mission/Goals/\Iision
Identi1'j Projects & Programs
denti1'j Housing Needs
Exanine CostIRevenue
Draft Plan & Macrix
Review Admin Draft/Revised Plan
Redewlopment Comm. Work Session
Revised Plan
Redev. Como. Meeting to Consider Plan
Public Hearing Noticing
gency PlDlic He<ring/ Adoption
Pi.... Schedu Ie
Se .-9 Oct.-09 Nov.-09
1234 1234512345
19
COST PROPOSAL
RSG's total not-to-exeeed budget for this engagement is anticipated to be $75,920. The
estimated is segregated as follows: $38,407.50 for the Redevelopment (Non-Housing)
portion of the Plan and $37,262.50 for the Housing Component with an estimated $250 for
expenses.
Our fees will be billed on a time-and-materials basis if savings occur the Agency would not
be charge the full estimated fee. RSG will charge for these services under our current fee
schedule:
2009 Billing Rates
Principal! Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
Reimbursable Expenses
$ 195
S 160
$ 140
$ 110
$ 100
$ 90
$ 70
S 60
Cost plus 10%
Our Budget estimate is described as follows:
CITY OF SAN BERNARDINO REDEVELOPMENT AG ENCY
MULTI-PROJECT AREA
IMPLEMENTATION PLAN/HOUSING COMPONENT BUDGET ESTIMATE
o nsultan I Hours by Task
% oflimebveachmember
Five Year Plan (Non-Housing)
Co ordi nation, Sch edu ling & S ta ff Me eting 5
Data Collection, Seoping & AnalYSIS
Identify Projects & Programs/Mission & ViSton
Develop Revenues & Costs Model
Prep are Ad m in.Stra Ie gyJ 0 raft Five Ye ar Pia n
Review Draft Plan wlslaff.Revlsed & Finalize Plan
Prepare & Attend RDA Comm Mtgs(2)
Staff Report/Resolution/PubliC Hearing Notice
Preoare and Attend Public Hearina
SUBTOTAL
Housing Com ponent
oordlnation, SCheduling & Staff Meetings
Data CollectIOn, Scoprng & Analysis
Identify Projects & Programs IMission & VISion
Update housing productIOn numbers
l~.stimate Cost-Rev, Identify DOllars Spent & Develop
rVlodellncl alirevenue sources
Prep are Ad m in.Stra te gyl Draft H ou sing Com pone nt
Prepare & Attend RDA Comm. Mtgs(2)
Review Draft Plan wlslaff-Revised & Finalize Plan
Staff Report/Resolution/Public Hearing Notice
Prepare & Attend Public HeannQ
SUBTOTAL
Ex ense s not to exceed
frOTAL
/ ~ ~q,
6<& ~"'o (} 0,1>
({'(:' 1> CJJ' ,?-~oP 1i '?-~~o
195 160 140
26%
16
8
8
2
8
4
12
0.5
6
64,50
8
12
4
0.5
6
68.50
133
14%
4
2
2
2
12
4
4
1
4
35.00
16
8
8
2
4
8
4
4
1
4
39.00
74
20
33%
8
16
16
12
20
8
8
1
4
93,00
4
4
4
2
4
12
8
8
1
4
77 .00
170
.'
'It'
"?'~
0'
~'
Co.
110
14%
2
12
8
8
4
2
2
2
o
40.00
8
4
16
4
12
o
2
2
2
o
31.00
2
8
8
4
2
2
o
o
o
26.00
1
8
4
8
4
o
o
o
16
o
33.00
71
.'
'It'
"?'~
100
12%
1
1
o
05
0.5
3,00
1
8
4
o
4
.
.~
"
<!
iJ'
",q, To ta I Co st
70
1% '
100%
$5,300.00
$6,240.00
$5,800.00
$3,670.00
$6,99.0.00
$3,030.00
$4,320.00
$ 652 .50
$2,405.00
$38407.50
$5,090.00
$4,440.00
$ 5,280 .00
$2,150.00
$3,940.00
$4,590,00
$4,320,00
$2,795.00
$2,252.50
$2,405.00
$37,262.50
$250.00
5.5! $75920,00
1
o
0.5
0.5
0.5
2.50
59
RSG docs not charge clients for mileage (except direct costs related to blight field surveys).
parking. standard telephone/fax expenses. general postage or incidental copies. However, we
do charge for messenger services, overnight shipping/express mail costs and teleconferencing
services. We also charge for copies of reports. documents. notices. and support material in
excess of five (5) copies. These costs arc charged back at the actual expense plus a 10%
surcharge.
RSG issues monthly invoices payable upon receipt. unless otherwise agreed upon in advance.
Invoices identify tasks completed to date. hours expended and the hourly rate.
21
EXHIBIT "C"
Il\SURANCE REQUlREME:'IITS
The Consultant shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of California and that maintain during the term
of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most
current edition of "Bests Insurance Guide," as follows:
(I) Comprehensive General Liability Insurance. The Contractor shall
maintain comprehensive general liability insurance of not less than One
Million Dollars ($1,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its subcontractors
shall maintain comprehensive automobile liability insurance of not less
than One Hundred Thousand Dollars ($100,000.00) combined single limit
per occurrence for each vehicle leased or owned by the Consultant or its
subcontractors and used in performing work under this Agreement.
(3) Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in
accordance with California workers' compensation laws for all workers
under the Consultant's and/or subcontractor's employment performing
work under this Agreement.
(4) Errors and Omissions Coverage. The Consultant shall maintain an
insurance policy covering liability for errors and omissions of the
Consultant in performing the Scope of Services of this Agreement in an
amount of not less than One Million Dollars ($1,000,000.00).
Concurrent with the execution of this Agreement and prior to the commencement of any
work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or
certificates evidencing the existence of the insurance coverage required herein, which coverage
shall remain in full force and effect continuously throughout the term of this Agreement. Each
policy ofinsurancc that Consultant purchases in satisfaction ofthc insurance requirements of this
Agreement shall name the Agency as an additional insured and shall provide that the policy may
not be cancclled, terminatcd or modified, except upon thirty (30) days prior writtcn notice to the
Agency.
22